Published Date:
10 June 2009
A MOTHER caught trying to smuggle drugs into jail has walked free from court after a judge heard she was put under 'intense' pressure.
Faith Birks was stopped at Ashwell Prison, near Oakham, Rutland, by staff who found the heroin substitute Subutex hidden in her bra.
But the 29-year-old received only a suspended jail sentence after it was revealed she was coerced into committing the offence.
She was pressured by her 'controlling' partner, who was serving a 27 month term in Ashwell for causing grievous bodily harm.
Leicester Crown Court was told Birks ignored months of requests by her boyfriend before her 'resistance crumbled' in July last year.
Nicholas Walsh, defending, said her partner first began asking her to bring drugs when he was being held on remand in Lincoln Prison.
But the 'pressure intensified' after he was moved to Ashwell, leading to rows and Birks' eldest daughter refusing to accompany her on visits.
She continued to resist until April last year, when her home was burgled by a man described by a neighbour as a friend of her partner.
The court heard when she next went to see her boyfriend in Ashwell he asked her: "So have you changed your mind now?"
Mr Walsh added: "Her will simply crumbled, and she felt at this stage she had to agree or life would become very difficult."
Three days before she was detained Birks was supposed to meet someone outside the jail, but she panicked and cancelled the visit.
She rearranged for July 26 after receiving several phone calls later that day - and was stopped and searched when she turned up.
Mr Walsh said Birks, of Alford Road, Mablethorpe, was 'immediately co-operative' and confessed all when she was questioned.
She committed the offence only due to the 'extent and duration of pressure' and her belief her family was under threat, he said.
Birks, who has no previous convictions, admitted a charge of possessing a Class C drug with intent to supply as a result of the incident.
She has now severed all ties with her former partner and is in a relationship with another man, who is the father of her unborn child.
Judge Sylvia de Bertodano said she was suspending an eight month jail term for two years because of 'exceptional personal mitigation'.
She told the mother of three: "People who supply drugs in prison undermine the whole system and have to expect immediate custody.
"But this case has caused me some trouble in coming to my decision. It is sufficiently unusual that I can suspend your prison sentence.
"You know as well as I do how serious this is. But I accept you were pressured into this by your partner and did not do it willingly."
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Last Updated:
10 June 2009 5:23 PM
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Source:
n/a
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Location:
Louth